No, my example intended to show how to *use* a non-overlapping structure to
  represent an overlapping structure. Instead of having empty markers, I have
  page elements that nest inside divs and contain other elements (like p,
  note, list). Look again: 

  <!-- end of first page *element* to avoid mallformed nesting because
  of overlapping structure -->

But in your example you only needed some simple duplication as you
assume the page break happens at a point that is at the top level
of a div, and between paragraphs. In general you would have to 
close (and re-open) an arbitrary number of open elements inorder
to close the page element and then 

  </list>
  </page><!-- End of first page -->

In particular what would you have done if the page had ended in the
middle of that list?

David


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