AFAIK top window frameElement returns null and not undefined, as is for
document.body when not present yet.

Moreover we can use the JavaScript weird case where null == undefined but
while null is static, undefined can be redefined or in any case it needs to
be discovered in the scope chain.

On line 857 of this event.js
http://github.com/jquery/jquery/blob/master/src/event.js

I can spot this:

    toplevel = window.frameElement === undefined;

In few words and at least in my IE8 that doScroll try/catch is never
performed at all since the condition

    if( document.documentElement.doScroll && toplevel)

cannot be true.

Is that file part of the release? I did not check but you can quickly fix
via

    toplevel = window.frameElement == null;

Regards

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