Wait wait wait.  Wait…
Okay what the hell is going on here. I am suddenly questioning everything in this decree (I will get back to the fanions)
"Our line infantry and light infantry regiments will in future consist of a headquarters and five battalions; the first four will be called war battalions and the fifth, the depot battalion."
"Each depot battalion will consist of four companies. " (Pointing out no Grenadier)
"The depot battalions will be established in the garrisons indicated in the attached table. They will only be able to leave these garrisons by virtue of a formal order on our part."
This was signed by Napoleon himself way back in Feb 1808. 
Have I been living a lie and the 4ths in the 1809 OOB are not depot battalions at all?  My mind is a bit blown if so.  It is possible I guess, that this simply had not taken effect yet. Now that I think of it, I have read reference that the 4ths in the demi brigades had Grenadier. I just haven't paid it much mind as I do not model that low yet.
I suppose it is possible that my mistake is misunderstanding they were simply rushed to field in terms of the men they contained.  It is mostly semantics as well, but it goes completely against my understanding, to the point I will gladly admit such a silly mistake out of shock.
My memory is not the type to hold specific sources well, but I know for sure I have read several of 3 bats 1 depot in 1809.  I will have to keep an eye out.
Anyway, back to fanions.
First off, I am possibly too loosely using the terms fanion and standard. Although this is the first time I am actively made aware of it, I think I subconsciously use the term "fanion" more as a work tool, and non-color.  A glory-less tool of marking and moving a body of men.  Not as much it's shape or size. This is something I have sussed out from reading I suppose but could be wrong.
PoE – I understand – that the "fanion" of 2nd-7th battalion solid fields is probably wrong for 1809 – to take the first 3 of those colors and apply them for 1809 is probably not correct, and likely some sort of simplified lozenge, as Mr Wilson above also agrees in that thread.  I have a feeling it may have also been a bit like contemporary drummer uniform fashion – they probably didn't all look the same.  
Mark Wilson – I will continue my reading and digesting the material a bit, but will likely land on something like that.  My main goal is to merge accuracy with playability, so it may be I combine the ideas of the simplified lozenge and color fanion for 2-3.  Maybe third will be a standard of no lozenge or something.  
I could as well just do whatever the heck, but I enjoy learning and figuring it out best, plus it is one luxury of not getting much time to model.
For Oudinots, as of this post I think I will likely run with the 1809 dated flag posted above, doing something creative but appropriate.
Some day I am satisfied enough to actually design these, will return and post them.
Thanks as always for everyone's additions and help.