Chok Tochos by Kuf

Please forgive my horrible drawings!
The kuf on the far right is supposed to be a normal Kuf.
A sofer when writing however made the top part like the 2nd drawing here
They asked if they would erase the part that I made in yellow and would add in the bottom part of the Kuf if this would be a problem of chok tochos.

R' Shammai Gross had this shailo and was in sofek about it. He has 2 reasons why maybe it's ok. First of all he said how the ois looks now l'maseh the person could make the gag long and have place to write in the line of the Kuf and still have it be within that space. If the person at this point could do that (really they can't though) then it shouldn't be a problem of chok tochos to take away from the bottom.
The other possibility he said that if the ois on the far left would be kosher then also to erase the bottom part would not be a problem of chok tochos since as it is it's "kosher" to be a Kuf.

I hope I explained this in the right away. Meanwhile R' Shammai left it b'tzrich iyun. Any thoughts please share!


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