Jeremy,
Why not use a TBSCertificate from RFC 5280 with no modifications from the final 
certificate (no poison extension) and sign it with a PKCS7 signature instead of 
a RFC 5280 signature?  By doing this you are not creating a valid certificate 
so you are not technically breaking RFC 5280 (re-using serial numbers) and it 
couldn't be used as a certificate even if some software incorrectly ignored the 
poison extension.
Using either a TBS cert with a different signature format or CRMF would avoid the 53280 conflict. It would not, however, address the "know the serial number before you issue the cert" concern that I raised. So, we have a couple of proposals that address at least half of
the problem, which is a start.

Steve

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