Dealer repeatedly overfilled oil level

I just completed my second 10,000 mile Toyota dealer service. On both services I found my dipstick level was 1/2" above the full mark on the dipstick. I returned the vehicle both times and requested that the level be corrected. The first time it was returned to me with the level exactly on the full mark. The second time I was told it was corrected, but later I discovered it was not. That service occurred last week. Frustrated I decided to do it myself, so I drained 1/2 quart and found the level to be just a hair above the full mark. I then wrote an email to the service manger explaining what happened. The reply I received basically told me I was being nit-picky and that the oil level being overfull is not an issue. Is he right? I was always told that the oil level should never be much above the full mark. I asked this question; "If your service department added the specified amount of oil why would it be 1/2 quart over?" I got no answer. Doesn't the filter hold about 1/2 quart? Is it possible they didn't bother changing the filter? Feedback would be appreciated. Thanks.