empty extra bar occurs using gui

In order to have access to menu tools I added essentially the following in:

function RCWAApp_OpeningFcn(hObject, eventdata, handles, varargin) 
fh = gcf;
fh.ToolBar = 'figure';
...
guidata(hObject, handles);

Instead of displaying only the tool bar an additional bar appears on top of the tool bar (between the uppermost bar (with title) and the tool bar) which contains the docking symbol. My question is how to get rid of this extra bar?

The used gui is relative extensive. However, if I start a gui from scratch (applying the above code) I get the expected tool bar and no extra bar occurs.

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