However the included file is also included from a second XSLT file with
contains no existing namespace references. If I add
xmlns="http://purl.org/rss/1.0/" to <help> this renders as <help
xmlns="http://purl.org/rss/1.0/"/> - I do not want the attribute to appear
in the second file.
That means that your two uses need to generate two completely different
elements: help in the RSS namespace in one case (are you really sure you
want that) and <help/> in no namespace in the other case.
To XSLT this is the same as saying you want to generate <A/> in one case
and <B/> in the other: you can't use the same literal result element to
generate elements with two different names.
You can use
<xsl:element name="help" namespace="{$namespace-to-use}"/>
and pass in the parameter $namespace-to-use set to the RSS namespace in
one case and "" in the other.
David
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