I have really appreciated the input you have all given here since my original post.
Fotiman .. good that I should not include the HTML comments in JS files that were needed for first generation browsers.
lucy24 .. yes must have been an old tutorial that had me do so .. enjoyed the stove analogy and refrigerator door latches (humorous).
Kendo .. best practice is not always followed re validation I guess .. actually, my original script does validate in the developing HTML 5. Interesting too, that I saved some work I'd done in ms e-xcel as HTM. Boy, does that come up with some 'validation' errors!
rocknbil and fotiman .. interesting about why you need an XHTML doctype anyway.
Dijkgraaf and fotiman .. to avoid <noscript>, you have some great ideas there.
Cheers for now