Assuming you mean this method:

```javascript
var xhr;
try {
  xhr = new ActiveXObject('Microsoft.XMLHTTP');
} catch(e) {
  xhr = new window.XMLHttpRequest();
}
return xhr;
```
This always uses ActiveX in IE instead of XMLHttpRequest which is not really in the spirit of the original code of using ActiveX only when necessary. I also made only a minimal change because I was assuming this was tested. There are try / catch blocks higher up in the tree and I'm not sure what removing an exception here will do.