If you load an xml document with the dom (I tried it with MSXML and System.Xml.XmlDocument) that has the node content set to > (greater than) the value is escaped by the parser.
If you specify an xml (containing the greater than sign) as the node content it isn't escaped.
So if you have
<root>></root> you'll get <root>></root>
if you have
<root>><foo /></root> you'll get (the same) <root><foo /></root>
Strange!