Hmm
.. ok I'm still not getting it for some reason.
I draw 2 new polylines in an empty drawing. 1 of which is closed and the other is not.
(ssget "x" '((0 . "LWPOLYLINE")))
That selects both polylines in the drawing no problem what so ever.
however nothing else (including samples already posted) I've tried will select just one or the other. Everything will either select both or nothing