Upgrade from 40D to 5d mkii

[rh81photo]

Is the 5d mkii focusing better or worse than the 40d for birds in flight?  I understand that the center point is more accurate, but is it faster than the 40d?  I only shoot birds about 25% of the time, I use for BIF a canon ef 400mm L f5.6 and for stationary birds an old Heinz Kilfitt 400mm f4.0 manual focus lens as well.  The other 75% of the time I know the 5d mkii would fit me perfectly. 

 I am happy with my focusing on the 40d with the smaller aperture (f8.0-f11.0) required for birding.  As long as it is at par I will be happy. 

I understand that the 1dx 1dmkiv and 5d mkiii are better cameras.  I have just installed a new furnace new air conditioning and have completed a basement reno(aka I have no cash flow),  I am finding the cheap price of the 5d mkii very tempting, And I would like to know if anyone else has made the switch from the 40d?

I'm almost in the same boat as skinkfoot. Only difference is that I'm not a BIF shooter but I shoot volleyball. so far I'm mostly happy with my 40D 70-200 2.8L usm combo. has anyone of you experience with a 5DmkII and volleyball? of course a 7D would make more sense for that type of sports shooting. I'm aware of that. But did anyone >try< a 5DmkII for such a high paced sport? what was your experience with it (AF speed, accuracy, tracking...)?
Thanks in advance and sorry for partly highjacking this thread, I hope thats okay...I >think< my question is really close to what the OP asked.
Cheers!

[skinkfoot]

So I have been playing with a friends 5d mkii the last couple of days,  I am quite impressed with the photo quality upgrade from 40d.  The 1.6 crop factor not as bad as I thought, but.... Where in lacks is the snappy focus of the 40d,  it takes a bit of time to get focus and the 4ish frames per second was more noticeable than I thought.  I think it would make a great second camera with a 7d, or I think I am just going to wait for the 5d mkiii to go on sale in Canada.

Skinkfoot

[Mt Spokane Photography]

Oh, one more thing, the 5D2 is rated for 1/4000th of a second max shutter speed and the 5D3 is rated at 1/8000th of a second max shutter speed.

What should I do, I have lots of images taken with my 5D MK II at shutter speeds over 1/4000.  Even at 1/8000 sec. 
Is it broken?  I've had two and they both use 1/8000 as stated in the manual on page 236.