No sooner did I post when a rather simple approach came to mind. I am not recommending this as I am not entirely sure that damage may come to the lens or the Canon 40D if you try this.
With the Camera turned on and f-stop set to 3.5 press in and hold the depth of field preview so the aperture reaches f 3.5. While still holding the depth of field preview, remove the lens using the normal release mechanical button and twist of the lens.
Disclaimer: Kids, don't try this at home
Darn thing holds the partially stopped down aperture.
So my next question is I seek a non speculative answer as to if this can damage the camera or the lens OR if this is in fact no-problemo.
As an electrical engineer I can easily understand that this was a foolish risk to take but I generally am curious as well so the curious side won this rather risky debate.
Thanks for your thoughts and feel free to tell me I am a fool, if you can back it up with paperwork (manual or Canon info)