First, and this is addressed to all the people saying it's unfair for me to use books outside the first three... Then will it be a fair complaint after the 2nd PHB and 2nd DMG are relesed to claim that 4e doesn't support the Ranger, Druid, Barbarian, etc. or rules for traps, etc.? If so then yes I will say I am in error for presenting this, but otherwise the point of splat books is to broaden a game, and once something is addressed, the game has support for it.
La Bete, haven't come across something to address that issue yet, but now I'll be looking for it and will post it if I do.
Here is where it is unfair. Your solution requires poeple tackcing on subsystems from various sources to make 3.5 gain some of the improvements 4.0 has.
With 4.0, all of those options are built into the system and streamlined from the ground up. Then 4.0 goes further to remove issues like Save or Die spells, "15-min" adventuring day, classes with dead levels, character's coming back from the dead, comlicated subsystems like grapple, etc.
So, starting a thread saying that 3.5 can have all of the advantages of 4.0 is false in that regard. WOTC took the best elements of what they did with 3.5 and smoothed it all out and mushed it into 4.0.
I am not saying 4.0 doesn't have any faults, but it does do everything you can compare between 3.5 and 4.0 like you are better. This is because it is designed from the ground up to do so.