As far as the N number. I got a new number and which our anniversary and first initials.
If you are asking about the 'X', I talked with three FAA guys at the local FISDO, including the head guy. We looked at FAR 45.22 and 45.23 together. They agreed that it would be acceptable to use the 'X' in the N number and that it won't be necessary to put the 2" 'Experimental' label on the plane. The portion I wanted them to clarify in 45.22 was the statement about an "aircraft with the same external configuration as an aircraft built at least 30 years ago". They agreed that my Kitfox 5 would have the same external configuration as an early model Kitfox.
I don't think the DAR will disapprove it. If I'm not mistaken they use FARs and Advisory Circulars as a basis for doing the C of A. ACs are informational but not mandatory or regulatory, only the FARs are law. I already have my FISDOs approval to do this and they say it lines up with FARs.
In a nutshell FAR 45.22 allows you to use an 'X' under certain qualifying situations (which a KF meets). This is all that is needed to deem your plane experimental. FAR 45.23 says if you ONLY have the letter 'N" (i.e. IF YOU DON'T have an 'X') in your registration number then you MUST have the 2" 'Experimental" label.
Even so, here is what AC 45-2D says:
(2) You may insert the symbol (“C,” standard; “R,” restricted; “L,” limited; or “X,” experimental or provisionally certificated) appropriate to the airworthiness certificate of the three types of aircraft listed below. The symbol may be placed between the nationality designation and the registration number, for example, NX1234.
(a) A U.S.-registered aircraft built at least 30 years ago,
(b) A U.S.-registered aircraft with the same external configuration as an aircraft built at least 30 years ago that is operating under a special airworthiness certificate as an exhibition aircraft, or
(c) An amateur-built aircraft with the same external configuration as an aircraft built at least 30 years ago.
I am now imagining some of you updating your N numbers and removing the Experimental sticker.
Here is an example of a NX regitered plane that some of you might recognize.